JUDGMENT :

1. This is defendants' Second Appeal filed under Section 100 of CPC against the judgment and decree dated 15.01.2015, passed by Additional District Judge, Gariaband, in Civil Appeal No.21-A/2010 partly allowing the judgment and decree dated 09.01.2009 passed by Second Civil Judge, Class-II, Rajim in Civil Suit No. 57-A/2008, by which, the plaintiff's suit has been decreed.

2. For the sake of convenience, parties would be referred to as per their description shown in the plaint filed before the trial Court.

3. Instant appeal has been admitted by this Court on 10.07.2015 on the following substantial question of law:-

“Whether the findings of the First Appellate Court by holding the share of respondents No. 1 & 2 to the extent of 1/6th & 1/6th of the suit property is perverse ?”

4. The brief facts of the case, as reflected from the record are that, Plaintiffs/respondents No. 1 & 2 have instituted Civil Suit before 2nd Civil Judge, Class-II, Rajim, Raipur for declaration of title, partition and for possession mainly contending that the plaintiffs and defendants are Hindus and they are governed by Hindu Succession Act, 1956 and genealogy of the family was also described in the plaint. It has been contended that plaintiffs and defendants No. 1 to 3 are real sisters and brothers, respectively whereas defendant No. 4 is widow of late Shri Salik Ram Sahu and mother of plaintiffs and defendants No. 1 to 3, who are legal heirs of Late Salik Ram Sahu. Salik Ram Sahu was having agricultural land bearing Khasra No. 14, area 4.22 hectare (in total) situated at village Chaitra, Patwari Circle No. 12, Rajasva Nigam Mandal and Tehsil Rajim, District Raipur as per the details given in paragraph 5 of the plaint. As per the plaintiffs, the aforesaid property was the ancestral land of the defendants and plaintiffs No. 1 & 2 which in subsequent paragraphs will be referred to as suit land. It has been alleged that after the death of late Mr. Salik Ram Sahu, the defendants with intention to grab the suit land, to deprive the plaintiffs fraudulently alienated the suit land by partition it amongst themselves and recorded their names in the revenue record, therefore, they have preferred an appeal before the Sub Divisional Officer, Gariaband against the said mutation order which was dismissed as barred by limitation, against which, they preferred an appeal before the Additional Collector, Gariaband, which is pending consideration. On 24.06,2006, when plaintiff No. 1 Dwij Bai was doing agricultural work in her share of the suit land, defendants have committed marpeet with her and, therefore, on the report of plaintiff, offences under Sections 294, 506 & 324/34 have been registered against the defendants in connection with Crime No. 222/2006, which is pending before the Judicial Magistrate, First Class, Gariaband. The plaintiffs have filed an application under Section 145 Cr.P.C. before the Sub Divisional Officer for possession of the said paddy and in that proceedings, SDO, Gariaband has seized the paddy. It has further been contended that since the plaintiffs are daughters of Late Salik Ram Sahu, they are also entitled to get 1/5th share of the suit property, as such filed the suit for declaration, partition and possessions against the appellants/defendant No. 1 to 3 claiming their rights.

5. The appellants/defendants No. 1 to 3 have filed their written statements denying the year of death of their father as year 2002, it has been contended that their father expired on 15.07.1999 and the suit land which has been described in the plaint, is not correct one. In fact, father of plaintiffs and defendants No. 1 to 3 out of the nucleus of the joint family property, have given 1½ acres of the land to Devlal, who is husband of plaintiff No. 1, as such, the aforesaid property also belongs to plaintiffs and defendants No. 1 to 3 and the plaintiffs have deliberately concealed the said property from the list of property in dispute. It has further been conte